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Item # 1 Page 1
AGENDA ITEM SUMMARY March 20, 2018
City Council
STAFF
Delynn Coldiron, City Clerk
SUBJECT
Consideration and Approval of the Minutes of the February 20, 2018 Regular Meeting and the February 27,
2018 Adjourned Meeting.
EXECUTIVE SUMMARY
The purpose of this item is to approve the minutes from the February 20, 2018 Regular Council meeting and
the February 27, 2018 Adjourned Council meeting.
ATTACHMENTS
1. February 20, 2018 (PDF)
2. February 27, 2018 (PDF)
City of Fort Collins Page 171
February 20, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Regular Meeting – 6:00 PM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
Staff Present: Atteberry, Daggett, Coldiron
• AGENDA REVIEW: CITY MANAGER
City Manager Atteberry stated there were no changes to the published agenda.
Councilmember Overbeck withdrew Item No. 19, Resolution 2018-017 Approving Fort Fund
Grant Disbursements, from the Consent Agenda.
• CITIZEN PARTICIPATION
Mary Kopco, Fort Collins Symphony Executive Director, invited Council and the audience to the
Legends and Lore concert on March 3. She thanked the City for Fort Fund support.
Maestro Wes Kenney, Fort Collins Symphony, discussed the upcoming Legends and Lore concert.
Danica Smith, Fort Collins Symphony violinist, played three violin pieces.
Caitlin Young discussed neighborhood livability and social health and opposed the three-unrelated
ordinance.
Eric Sutherland opposed Council’s consideration of Item No. 17, Items Relating to Marijuana
Licensing, and stated the right to amend or repeal an Ordinance that has been adopted by the Fort
Collins electorate lies solely with the electorate.
Dan Dugal questioned why $20,000 is going to be spent on researching a fire pit ban and stated
there have not been enough complaints to justify that expenditure.
Matthew Wallenstein, Growcentia, Incorporated, supported the adoption of Item No. 17, Items
Relating to Marijuana Licensing.
Stacy Lynne stated the City does not have a central records manager or a digital system for
maintaining documents. Creating a records manager position in the City Clerk’s Office would
radically improve municipal efficiency and customer service.
Mel Hilgenberg stated Jack Daniels is doing well in managed care and thanked City Manager
Atteberry for moving him to his current location.
Thomas Edwards thanked staff for plowing Lory Street and supported maintaining the three-
unrelated ordinance.
February 20, 2018
City of Fort Collins Page 172
• CONSENT CALENDAR
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt and approve
all items not withdrawn from the Consent Agenda.
RESULT: CONSENT AGENDA ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
1. Second Reading of Ordinance No. 005, 2018, Authorizing the Acquisition by Eminent Domain
of Certain Lands Necessary to Construct Public Improvements in Connection with the Suniga
Road Improvements Project. (Adopted)
This Ordinance, unanimously adopted on First Reading on January 2, 2018, authorizes the use of
eminent domain, if deemed necessary, to acquire property interests needed to construct improvements
to Suniga Road Improvements Project. The project will construct a new arterial roadway between
College Avenue and Blondel Street. Improvements include construction of a complete arterial street
which includes four travel lanes, protected bike lanes, landscaped parkways, medians, sidewalks and
utility improvements.
In order for the City to construct these improvements, the City will need to acquire certain property
interests adjacent to the project area. The project will affect seven properties. Acquisitions will include
fee purchase right-of-way, permanent utility and drainage easements and temporary construction
easements. Staff has had contact with all affected property owners. Timely acquisition of the property
is necessary to meet the anticipated construction schedule. Staff fully intends to negotiate in good faith
with the affected owners and is optimistic that all property negotiations can be completed prior to the
start of the Project. Staff is requesting authorization of eminent domain for all property acquisitions for
the Project only if such action is deemed necessary.
2. Second Reading of Ordinance No. 018, 2018, Amending Chapter 23.5 of the Code of the City of
Fort Collins Pertaining to Special Events. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, amends Chapter 23.5 of
the City Code pertaining to Special Events to be in alignment with current law and to more accurately
reflect the City’s current processes and procedures for issuing Special Event Permits.
Section 23.5-9 has been amended on Second Reading to clarify what takes place if the City Manager
cannot review and make a determination on an appeal one full business day prior to the time and date
of a special event.
3. Second Reading of Ordinance No. 019, 2018, Appropriating Prior Year Reserves in the Natural
Areas Fund for a 2017 Unanticipated Donation for Fish Ladder Design. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, appropriates a $50,000
donation from Noosa Yoghurt, LLC. into the Natural Areas Department’s 2018 budget to fund a river
health-related project. In October 2017, Noosa Yoghurt, LLC. donated $50,000 to the Natural Areas
department with a specific request that it be applied toward development of fish passage on the
Watson Lake diversion structure. This structure is owned by Colorado Parks and Wildlife (CPW) and
located on the Cache la Poudre River at the Watson Lake Fish Hatchery in Bellvue. Natural Areas
staff is familiar with the design process, has managed the design process for two similar projects and
has agreed to manage this design process and collaborate with CPW to facilitate this project.
February 20, 2018
City of Fort Collins Page 173
4. Second Reading of Ordinance No. 020, 2018, Appropriating Prior Year Reserves in the General
Fund for Security Screening for Fort Collins Municipal Court. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, appropriates $159,832
of prior year reserves in the General Fund for the cost of adding security screening for those attending
hearings in Fort Collins Municipal Court. The Court is located on the first floor of the City’s
Administrative Building at 215 North Mason Street. Access for those hearings would be limited to the
north door of the building, the access point currently used for the Community Room. Those proceeding
past the Community Room and entering the Court’s space would go through a magnetometer (metal
detector) and have their belongings checked by contract security personnel prior to gaining access to
the Court’s space. City employees working in the building and the public accessing other offices in the
building, including the Court Clerks’ Office for non-hearing related business, would still have
unscreened access through the east and west entrances. Employees would also continue to have fob
access to the building through the southwest entrance. The changes included in this request are
necessary due to increasing safety and security concerns for employees working in and citizens
utilizing City services in that building.
The Ordinance has been amended for Second Reading. Because of the time required to obtain
building permits and specialist construction materials for this project, the estimated completion time
for this project has been pushed back to early September. The contract security guards labor cost has
been reduced to reflect the new construction completion timeline.
5. Second Reading of Ordinance No. 021, 2018, Adopting the 2018 Classified Employees Pay Plan.
(Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, adopts the 2018 City
Classified Employee Pay Plan. The Pay Plan has been redesigned to align with the City’s new job
architecture system. The seven occupational groups have been replaced by job functions. Classified
jobs are grouped according to job functions, a business practice commonly used by both the public
and private sectors. Pay ranges are developed by career group (management, professional,
administrative, operations and trades) and level for each job function. The result of this work is a City
Classified Employee Pay Plan which sets the minimum, midpoint and maximum of pay ranges for the
levels, within each career group and function. The 2018 City Classified Employee Pay Plan also
includes the results of the market analysis conducted as defined in the Collective Bargaining
Agreement between the City of Fort Collins and the Northern Colorado Lodge #3 of the Fraternal Order
of Police (FOP). Actual employee pay increases are awarded through a separate administrative
process in accordance with the budgeted amount approved by Council.
6. Second Reading of Ordinance No. 022, 2018, Amending Article V, Division 3 of Chapter 2 of the
Code of the City of Fort Collins to Clarify the City Manager's Authority Concerning the
Administrative Branch of the City. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, amends various sections
in Article V, Division 3 of Chapter 2 of the City Code to clarify and eliminate confusion regarding the
City Manager’s authority to assign supervisory authority as well as duties and functions to the services
of the City administrative organization.
The Ordinance has been amended on Second Reading, to eliminate an incorrect reference to “and
Operations” consistent with other changes made on first reading.
7. Second Reading of Ordinance No. 023, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 1 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the first of four
sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water
Treatment Facility Annexation No. 1 consists of 0.101-acres of Laporte Avenue right-of-way and
establishes the required 1/6 contiguity with existing City limits. Water Treatment Facility Annexation
February 20, 2018
City of Fort Collins Page 174
No. 1 is located approximately 800 feet west of Poudre High School on Laporte Avenue. A related item
to zone the annexed property is presented as the next item on this Agenda.
8. Second Reading of Ordinance No. 024, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment
Facility Annexation No. 1 to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on February 6, 2018, zones the property
included in the first of four sequential annexations, known as the Water Treatment Facility Annexation
No.1. Water Treatment Facility Annexation No. 1 is located at the intersection of Sunset Street and
Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding
properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer
County to the north, south and west. The abutting City limits to the east is zoned Low Density Mixed
Use Neighborhood (L-M-N) and consists of Laporte Avenue right-of-way. Staff also recommends
placement into the Residential Neighborhood Sign District.
9. Second Reading of Ordinance No. 025, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 2 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the second of
four sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water
Treatment Facility Annexation No. 2 consists of 0.380-acres of Laporte Avenue right-of-way and
establishes the required 1/6 contiguity with existing Water Treatment Facility Annexation No. 1. Water
Treatment Facility Annexation No. 2 is located at the intersection of Sunset Street and Laporte Avenue.
A related item to zone the annexed property is presented as the next item on this Agenda.
10. Second Reading of Ordinance No. 026, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment
Facility Annexation No. 2 to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on February 6, 2018, zones the property
included in the second of four sequential annexations, known as the Water Treatment Facility
Annexation No.2. Water Treatment Facility Annexation No. 2 is located at the intersection of Sunset
Street and Laporte Avenue. The proposed zoning for this annexation is Urban Estate (U-E). The
surrounding properties are existing residential land uses currently zoned FA-Farming Zoning District
in Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No.
1 to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
11. Second Reading of Ordinance No. 027, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 3 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the third of four
sequential tracts of land known collectively as the Water Treatment Facility Annexations. Water
Treatment Facility Annexation No. 3 consists of 1.182-acres of Laporte Avenue right-of-way and
establishes the required 1/6 contiguity with Water Treatment Facility Annexation No. 2. Water
February 20, 2018
City of Fort Collins Page 175
Treatment Facility Annexation No. 3 is located between Sunset Street and North Overland Trail. A
related item to zone the annexed property is presented as the next item on this Agenda.
12. Second Reading of Ordinance No. 028, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment
Facility Annexation No. 3 to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on February 6, 2018, zones the property
included in the third of four sequential annexations, known as the Water Treatment Facility Annexation
No. 3. Water Treatment Facility Annexation No. 3 is located between Sunset Street and North
Overland Trail. The proposed zoning for this annexation is Urban Estate (U-E). The surrounding
properties are existing residential land uses currently zoned FA-Farming Zoning District in Larimer
County to the north, south and west. The abutting Water Treatment Facility Annexation No. 2 to the
east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also recommends
placement into the Residential Neighborhood Sign District.
13. Second Reading of Ordinance No. 029, 2018, Annexing the Property Known as the Water
Treatment Facility Annexation No. 4 to the City of Fort Collins, Colorado. (Adopted)
This Ordinance, unanimously adopted on First Reading on February 6, 2018, annexes the fourth and
final tract of land known collectively as the Water Treatment Facility Annexations. Water Treatment
Facility Annexation No. 4 consists of 102.825-acres of Laporte Avenue right-of-way and parcel
numbers 970700913, 9707000904 and 9707000908 which wholly contain the Fort Collins Water
Treatment Facility. Furthermore, the annexation establishes the required 1/6 contiguity with Water
Treatment Facility Annexation No. 3. Unlike Water Treatment Facility Annexations No. 1, 2 and 3, the
No.4 annexation lies in large part outside the Growth Management Area (GMA) boundary. Water
Treatment Facility Annexation No. 4 is located west of North Overland Trail and continues
approximately to the Horsetooth Reservoir. A related item to zone the annexed property is presented
as the next item on this Agenda.
14. Second Reading of Ordinance No. 030, 2018, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Water Treatment
Facility Annexation No. 4 to the City of Fort Collins, Colorado, and Approving Corresponding
Changes to the Residential Neighborhood Sign District Map. (Adopted)
This item is a quasi-judicial matter and if it is considered on the discussion agenda it will be considered
in accordance with the procedures described in Section 1(d) of the Council’s Rules of Meeting
Procedures adopted in Resolution 2017-017.
This Ordinance, unanimously adopted on First Reading on February 6, 2018, zones the property
included in the fourth of four sequential annexations, known as the Water Treatment Facility
Annexation No. 4. Water Treatment Facility Annexation No. 4 is located between Hollywood Street
and the Horsetooth Reservoir. The proposed zoning for this annexation is Urban Estate (U-E) and
Residential Foothills (R-F). The surrounding properties are existing residential, municipal facilities,
state college facilities, and federal facilities currently zoned FA-Farming and O-Open Zone Districts in
Larimer County to the north, south and west. The abutting Water Treatment Facility Annexation No. 3
to the east is zoned Urban Estate (U-E) and consists of Laporte Avenue right-of-way. Staff also
recommends placement into the Residential Neighborhood Sign District.
February 20, 2018
City of Fort Collins Page 176
15. First Reading of Ordinance No. 032, 2018, Appropriating Prior Year Reserves in the
Transportation Fund for Regional Contribution to Larimer County for North I-25 Improvements.
(Adopted)
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $453,158 to
be remitted to Larimer County as part of an annual (five-year span) regional contribution of local
matching funds for CDOT’s North I-25 Improvements Project. With Resolution 2016-077, Council
authorized Mayor Troxell to enter into an intergovernmental agreement (IGA) with Larimer County and
participating local agencies, including the City, to contribute local matching funds for this purpose. This
is the second annual installment of these payments to Larimer County. Local matching fund
commitments accelerate the improvements to I-25 in Northern Colorado.
16. First Reading of Ordinance No. 033, 2018, Appropriating Unanticipated Revenue in the General
Fund for a Housing Catalyst PILOT Refund. (Adopted)
The purpose of this item is to appropriate unanticipated revenue in the General Fund to be remitted to
the Fort Collins Housing Authority to fund affordable housing and related activities.
17. Items Relating to Marijuana Licensing. (Adopted)
A. First Reading of Ordinance No. 034, 2018, Amending Article XVI of Chapter 15 of the Code of the
City of Fort Collins Regulating Medical Marijuana Businesses to Align Medical Marijuana Code
Provisions to State Law, Rules and Regulations.
B. First Reading of Ordinance No. 035, 2018, Amending Article XVII of Chapter 15 of the Code of
the City of Fort Collins Regulating Retail Marijuana Businesses to Align Retail Marijuana Code
Provisions to State Law, Rules and Regulations.
The purpose of this item is to amend the City Code to align medical marijuana provisions in the City
Code to the state regulations and make similar updates to the retail marijuana licensing provisions.
18. First Reading of Ordinance No. 036, 2018, Declaring Certain City-Owned Property on East Vine
Drive as Road Right-of-Way. (Adopted)
The purpose of this item is to declare a strip of property owned by the City as road right-of-way via the
proposed Poudre River Whitewater Park Plat, as well as to authorize the City Manager to sign said
plat. The City owns parcels of property located in the 100 and 200 blocks of East Vine Drive, and is
finalizing documentation to acquire one remaining parcel. The parcels are part of the future Whitewater
Park and include two parcels which were originally acquired by Natural Areas and Stormwater. The
City of Fort Collins Parks and Engineering Departments are working in tandem to coordinate
improvements to Vine Drive that will accommodate visitor traffic to the Whitewater Park. Construction
on this project is anticipated to begin in this summer and will be completed summer 2019. This
Ordinance officially establishes the portion needed for Vine Drive on the City’s property as public road
right-of-way and authorizes the City Manager to dedicate such right-of-way through execution of the
plat.
19. Resolution 2018-018 Making Findings of Fact and Conclusions of Law Regarding the Appeal
of the Planning and Zoning Board’s Decision Approving the Union on Elizabeth Project
Development Plan/Final Plan PDP/FDP170024. (Adopted)
The purpose of this item is to make Findings of Fact and Conclusions regarding the appeal (“Appeal”)
of the Planning and Zoning Board’s Decision Approving the Union on Elizabeth Project Development
Plan/Final Plan PDP/FDP170024.
February 20, 2018
City of Fort Collins Page 177
20. Resolution 2018-019 Ratifying the Reappointment of Amanda Manges Quijano to the Poudre
River Public Library District Board of Trustees. (Adopted)
The purpose of this item is to ratify the reappointment of Amanda Manges Quijano to the Poudre River
Library District Board of Trustees. Ms. Quijano was appointed to the Board through Resolution 2014-
019 on March 4, 2014, to begin immediately and to expire on February 28, 2018.
The Committee comprised of Councilmembers Kristin Stephens and Bob Overbeck and County
Commissioners Lew Gaiter and Steve Johnson, received a letter from Amanda Quijano requesting
reappointment. The Selection Committee has recommended to the Council and the Commissioners
that Ms. Quijano be reappointed to a four-year term, as provided in the Board's bylaws, expiring
February 28, 2022.
• END CONSENT
• CONSENT CALENDAR FOLLOW-UP
Mayor Troxell requested the City Attorney respond to comments on Item No. 17, Items Relating
to Marijuana Licensing. City Attorney Daggett replied this item is in furtherance of a City-
initiated voter approval which modified the original citizen-initiated marijuana item. The item is
in exact conformance with voters’ most recent action related to marijuana regulation.
• STAFF REPORTS
Kevin Cronin, Assistant Police Chief, stated the drug take-back program connects to the City’s
goals to leverage and improve collaboration with other agencies and to protect and provide a high-
quality water supply. He stated UC Health is working on a second kiosk for drug disposal and the
amount of prescription drugs being collected has been increasing. Fort Collins is partnering with
the state to dispose of the collected drugs.
Councilmember Cunniff thanked Cronin for the update and asked if prescription veterinary
medications can also be taken back. Cronin replied in the affirmative.
Councilmember Overbeck thanked staff for the follow up with the Attorney General’s Office.
Councilmember Stephens requested a list of drop-off sites. Cronin replied there is a kiosk at the
Police Service building, Walgreen’s, and the Snow Mesa and Harmony emergency room. The
fourth site will be the emergency room at Poudre Valley Hospital.
Councilmember Overbeck asked how take-back days are advertised. Cronin replied the two take-
back days per year are presented on social media as well as the website. Social media is also
utilized periodically to advertise the permanent drop locations.
Councilmember Summers requested details regarding the biannual take-back days. Cronin replied
Police and DEA officers spend the day in the Police Department parking lot and people can drive
up and drop off any prescription drugs.
Councilmember Cunniff asked about non-prescription drug take-backs. Cronin replied he would
provide Council with that information.
February 20, 2018
City of Fort Collins Page 178
• FORT COLLINS CITIZEN'S FINANCIAL REPORT
Travis Storm, Accounting Director, stated the annual Citizens’ Financial Report has come about
to expand transparency and community engagement in a more accessible way. The Report aligns
with the City’s values of stewardship, integrity, and outstanding service to the community. In
addition to standard financial data, the Report includes introductory-level community and
economic data. Staff views the Report as an introduction to a broader portfolio of materials
available on-line.
Councilmember Martinez commended staff’s work to make the Report understandable.
Mayor Pro Tem Horak suggested including information that describes how long taxes have been
in place and how many times voters have approved various taxes.
Councilmember Summers suggested including information that assets are mentioned at book value
rather than market value.
• COUNCILMEMBER REPORTS
Councilmember Martinez reported on meeting with ASCSU and on speaking at the naturalization
ceremony at Dunn Elementary School.
Councilmember Cunniff reported on the wasteshed meeting and stated progress is being made on
recommendations for a new landfill and various recycling alternatives.
Mayor Troxell reported on Councilmembers and staff attending a meeting at the State Capitol
where Fort Collins was presented with a proclamation recognizing the Malcolm Baldridge award
received by the City.
• CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS
21. Resolution 2018-017 Approving Fort Fund Grant Disbursements. (Adopted)
The purpose of this item is to approve Fort Fund grants from the Cultural Development and
Programming and Tourism Programming Accounts for the selected community and tourism events,
based upon the recommendations of the Cultural Resources Board.
Councilmember Overbeck withdrew from the discussion of this item due to a conflict of interest.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Resolution
2018-017.
Mayor Pro Tem Horak suggested Councilmembers should not need to recuse themselves when
they represent Council.
February 20, 2018
City of Fort Collins Page 179
RESULT: RESOLUTION 2018-017 ADOPTED [6 TO 0]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Troxell, Cunniff, Horak
RECUSED: Overbeck
• DISCUSSION ITEMS
22. First Reading of Ordinance No. 037, 2018, Amending Article XIII of Chapter 23 of the Code of
the City of Fort Collins Regarding the Land Bank Program. (Adopted on First Reading)
The purpose of this item is to present potential changes to City Code to add flexibility to the Land Bank
Program, broaden the income levels of targeted populations and to allow mixed-use beyond solely
residential affordable housing when requested by the City.
Sue Beck-Ferkiss, Social Policy and Housing Program Manager, stated the Fort Collins Affordable
Housing Land Bank Program is the City’s only long-term affordable housing incentive. It is
proactive rather than reactive and holds locations for future affordable housing projects. The
program was established in 2001 and five properties were subsequently purchased. In 2014, the
Horsetooth property was selected for development and an RFP was issued. Currently, the Land
Bank has four holdings as one property was sold.
Beck-Ferkiss stated staff has determined the purchase considerations in the original ordinance are
adequate; however, new standards for sales considerations have been deemed beneficial. She
discussed the public outreach process and proposed changes, which include allowing mixed-use
when appropriate, considering recouping the entire market value of a piece of land deemed
saleable, and tying the AMI standard to the Affordable Housing Strategic Plan.
Rich Stave questioned the definitions of certain terms and stated these projects are realistically
public property and should have some type of oversight involving the voting public.
Councilmember Cunniff requested some clarity regarding the definitions prior to Second Reading.
He also requested information as to how many more people would be eligible under the 80% AMI
rule. Beck-Ferkiss replied the home ownership AMI was moved from 60% to 80% not only to
allow additional people to access the program, but because that is a healthier income for home
ownership.
Councilmember Stephens commended the public outreach efforts and requested clarification about
a few terms. She expressed concern with the possibility of inappropriate uses as part of a mixed-
use development. She asked how much control the City would have over those tenants. Beck-
Ferkiss replied the City has quite a bit of control. The mixed-use would only be allowed when the
use is subordinate and supportive.
Councilmember Stephens stated density seems to be an issue and asked how properties with
appropriate density allotments can be sought. Clay Frickey, City Planner, replied staff has been
looking for parcels that have a higher density; however, all current holdings are in the low-density,
mixed-use district, which allows 12 dwelling units per acre. Staff is exploring increasing that
density to 16 dwelling units per acre for land bank parcels only.
February 20, 2018
City of Fort Collins Page 180
Mayor Pro Tem Horak made a motion, seconded by Councilmember Cunniff, to adopt Ordinance
No. 037, 2018, on First Reading.
Councilmember Overbeck stated he would support the motion and encouraged future
conversations about art districts.
Councilmember Stephens commended the public outreach and increased flexibility this allows.
Mayor Pro Tem Horak asked how the citizen contribution to affordable housing projects is tracked.
Beck-Ferkiss replied the Ordinance does not allow a parcel to be sold for more than 90% of the
fair market value; the remainder is considered a subsidy and is considered part of the investment.
She stated she would suggest partners include that financial information.
RESULT: ORDINANCE NO. 037, 2018, ADOPTED ON FIRST READING [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ross Cunniff, District 5
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff stated the Legislative Policy Agenda does not address legislation that
might reduce gun violence. He requested and received Council support to direct the Legislative
Policy Committee to discuss options.
Mayor Pro Tem Horak requested staff look at records policies as suggested by Ms. Lynne. He
suggested the Ethics Review Committee provide an opinion regarding Councilmembers recusing
themselves for items related to committees on which they serve.
Councilmember Overbeck noted he has donated personally to the Poudre Heritage Alliance.
• ADJOURNMENT
Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adjourn to 6:00
p.m., Tuesday, February 27, 2018, for the purpose of hearing an appeal regarding the Johnson
Drive Apartments Project Development Plan and for consideration of such other matters as may
come before the Council.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Ray Martinez, District 2
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
February 20, 2018
City of Fort Collins Page 181
The meeting adjourned at 7:27 PM.
______________________________
Mayor
ATTEST:
________________________________
City Clerk
City of Fort Collins Page 182
February 27, 2018
COUNCIL OF THE CITY OF FORT COLLINS, COLORADO
Council-Manager Form of Government
Adjourned Meeting – 12:00 AM
• ROLL CALL
PRESENT: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
STAFF PRESENT: Atteberry, Daggett, Coldiron
1. Consideration of an Appeal of the Planning and Zoning Board Decision Regarding Johnson
Drive Apartments Project Development Plan PDP 170034. (Decision Upheld)
The purpose of this item is to consider an appeal of the Planning and Zoning Board decision to approve
Johnson Drive Apartments Project Development Plan. On February 1, 2018, an appeal was filed
challenging the Planning and Zoning Board Decision made at the January 18, 2018 hearing.
Mayor Troxell explained the quasi-judicial role Council will be playing in this hearing.
City Attorney Daggett reviewed the appeal process.
Parties-in-interest on both sides of the appeal identified themselves.
Mayor Troxell outlined the time allotments for presentations and rebuttals.
Tom Leeson, Planning Director, stated the proposed project is a 5-story, mixed-use building
containing 192 rent-by-the-bedroom units. The 2.5-acre site also includes 261 off-street parking
spaces and is located within the General Commercial zone in the Transit-Oriented Development
overlay zone. Leeson outlined the assertions of the appeal and staff responses thereto.
Mayor Troxell noted there was no organized site visit. He asked if there are any general procedural
issues or concerns to be addressed.
Eric Sutherland, appellant, stated his slide presentation includes a graphic, which is new evidence,
to illustrate the view of the proposed project from a person who might be in the park. He stated
the section of the Municipal Code that controls appeal proceedings states that written materials are
not to be presented to Council prior to or during the appeal. He suggested Council proceed with
consideration of this deficiency in the process by adopting, by vote of Council, an agreement that
written materials such as the presentation that City staff just made and other materials that the
applicant or the appellant wish to present shall be accepted into the hearing record. City Attorney
Daggett replied the parties-in-interest and Council can confirm there is no objection to the Agenda
Item Summary’s inclusion in the record.
Mr. Sutherland requested the inclusion of slides as part of the record in the event of a future appeal.
City Attorney Daggett replied any of those materials would be included in producing a record of
this proceeding.
Mr. Sutherland stated he erroneously misidentified a Land Use Code section in his appeal and
discussed a previous appeal in which he claimed the City Code was not followed.
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Craig Russell, Russell Mills Studios and applicant, objected to Mr. Sutherland’s request to enter a
new photo into evidence, noting Mr. Sutherland himself requested no new evidence be entered
into the record.
Mayor Troxell sustained the objection and asked Mr. Sutherland to remove the slide in question.
Mr. Russell accepted the inclusion of all written materials as part of the standard procedure and
objected to the consideration of the misidentified Code section.
Mayor Troxell sustained the objection.
Mr. Sutherland cautioned Council to avoid failures of due process.
City Attorney Daggett suggested the applicant be given the opportunity to view the slide in
question.
(Secretary’s Note: The Council took a brief recess at this point in the proceeding.)
Mr. Russell stated he was not offered appropriate time to rebut the photo in Mr. Sutherland’s
presentation and maintained his objection.
Councilmember Cunniff made a motion, seconded by Councilmember Summers, to accept all
written materials, including the AIS and the slide presentations, less the objected slide, as part of
the record of this proceeding. Yeas: Overbeck, Horak, Troxell, Stephens, Martinez, Summers and
Cunniff. Nays: none.
THE MOTION CARRIED.
APPELLANT PRESENTATION
Paul Patterson stated the PDP is not in compliance with the zone requirements accommodating
pedestrians.
Mr. Russell objected to Mr. Patterson’s showing of the slide in question as he was skipping past
it. Mayor Troxell overruled the objection and requested Mr. Patterson remove the slide at this
point in the meeting.
(Secretary’s Note: The Council took a brief recess at this point in the proceeding.)
Mayor Troxell stated, upon review of the notice of appeal, he will overrule the objection and allow
for the slide to be shown.
(Secretary’s Note: The Council took a brief recess at this point in the proceeding.)
Mr. Patterson showed the slide in question and described the image which indicates the mass of
the building. He stated it is difficult to see how the upper floors of the project will be set back far
enough to preserve the viewscape from the park.
Mr. Sutherland stated the crux of the appeal deals with the fact the Planning and Zoning Board
granted conditions that allowed for the entire procedure to be amended on the spot. He stated the
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City of Fort Collins Page 184
Board applied conditions which changed the procedure and discussed applicable case law. He
stated erroneous arguments were made by staff in the AIS.
Tom Pierce, appellant, stated this plan should return to the original plan of providing the pedestrian
connection to the MAX and local shopping.
Brian Dwyer, Fort Collins Muffler and Automotive, stated this project will likely be the downfall
of his business due to its impact on parking. He requested the City allow his business to purchase
additional permitted parking spaces for his employees.
APPLICANT PRESENTATION
Mr. Russell discussed the proposed project and stated the site was chosen partially because of the
connectivity presented by the Spring Creek Trail and Mason Trail, and access to campus. He
stated the project did not request any modifications, but did request one alternative compliance to
utilize motion-sensor lighting. He discussed connections and related levels of service and noted
there is a 25-foot grade change from the building to the top of the bank.
In terms of Land Use Code Section 3.4.12, Visual Character within Natural Areas, Mr. Russell
stated the natural area buffer standards were met through the performance standard criteria. The
ecological characterization study concluded this is a highly degraded resource without much
natural habitat present. The buffer distance requirement is being met and extensive work has been
done to augment and enhance the natural habitat features with native plantings. Mr. Russell stated
the finished floor of the building has been raised to get it out of the floodplain and above the base
flood elevation.
Mr. Russell stated the project has dedicated right-of-way required to create a local connector street.
He discussed step backs, recessed windows, precast cornices, and other architectural features of
the building.
Mr. Russell stated parking for the project is provided per Land Use Code requirements.
(Secretary’s Note: The Council took a brief recess at this point in the proceeding.)
Councilmember Martinez stated the applicant mentioned Elevations Credit Union in his
presentation and he wanted to make it known he sits on the Board of Directors for that
organization; however, there is no connection between the Credit Union and the project other than
a nearby location.
APPELLANT REBUTTAL
Mr. Patterson discussed the trash and recycling enclosure location and noted several comments
were made that the project barely meets standards.
Mr. Sutherland discussed the proposed pedestrian connections and stated they are undesirable;
however, he stated it is possible for a more quality connection to be created. He stated conditions
that change the procedure on the fly cannot be tolerated.
February 27, 2018
City of Fort Collins Page 185
APPLICANT REBUTTAL
Mr. Patrick Quinn, Next Chapter Properties, reiterated the fact that Next Chapter Properties
pursued this site specifically for its connectivity and access to campus. He stated the conditions
placed on the project by the Planning and Zoning Board did not modify the procedure.
Mr. Russell stated pedestrian level of service standards are met and noted easement or rights-of-
way dedications cannot occur on other properties as part of this project.
Councilmember Overbeck asked if there are fixed, identified spaces for the car share spaces. Mr.
Russell replied in the affirmative and stated a specific service provider has yet to be identified.
Councilmember Overbeck asked how the applicant can assure there will not be spillover parking
into adjacent neighborhoods. Mr. Russell replied RP3 zones will be established along Spring
Court and Johnson Drive; therefore, spillover parking will predominantly be managed through
enforcement of the RP3 program.
Councilmember Stephens asked about the transit passes, noting CSU students receive annual
passes as part of their student fees. Leeson replied some TOD projects are not student-oriented
and notations are made on plans about such requirements.
Councilmember Cunniff asked if the applicants were referencing the Spring Creek buffer. Leeson
replied the Code Section applies to the feature on the site, which is the Sherwood Lateral; Spring
Creek is not on the site. Some analysis was done regarding the Sherwood Lateral view.
Councilmember Cunniff asked if the conditions of approval would be considered major in terms
of the scope of the project. Leeson replied staff would consider the conditions to be minor. The
condition related to color was included in the presentation.
Councilmember Cunniff asked if the scope of the condition related to the trash enclosures is similar
to the scope of adjustments that may need to be made for any project. Leeson replied in the
affirmative and stated these conditions are not unusual.
Councilmember Martinez requested the appellants address their assertion of deceptive arguments
made by staff. Mr. Sutherland replied the deceptive arguments stem from the idea that the
conditions were not applied to the design parameters of the project; the conditions were applied to
the procedure by which the project was approved.
Councilmember Martinez requested a staff response to Mr. Sutherland’s comments. Leeson
replied he is somewhat confused by the statement. The conditions of approval are similar to the
level of other conditions of approval for other projects. These conditions were related to design.
Mayor Pro Tem Horak asked how the City Attorney would respond to this allegation. City
Attorney Daggett replied it is clear in the Land Use Code that the decision maker is authorized to
impose conditions as part of the approval. In some cases, those conditions relate to assuring the
project complies with the Land Use Code. Assistant City Attorney Brad Yatabe agreed with City
Attorney Daggett and stated the Land Use Code does provide for the imposition of conditions of
approval. If the conditions are accepted by the decision maker, those conditions can be used to
satisfy the conditions of the Land Use Code.
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City of Fort Collins Page 186
Councilmember Martinez stated the law is being followed based on that information. He asked if
there is any constitutional issue as asserted by the appellants. Yatabe replied the appellant is
reading the Land Use Code to state all standards must be satisfied in order for the decision maker
to approve a project; however, he reads the Code to say there is the ability for conditions of
approval to be put into place in order to meet those standards.
Mayor Pro Tem Horak requested Mr. Sutherland respond. Mr. Sutherland replied the question of
constitutional dimension is the specificity under which the demand mitigation strategies are
detailed in the Land Use Code. Reasonable people could not agree upon what those meant, could
not conclude they are enforceable, or that there will be a commensurate reduction in spillover
parking by virtue of the application of those demand mitigation strategies.
Yatabe stated Mr. Sutherland’s response did not relate to the issue of conditions of approval. He
stated terms such as car share and transit pass are subject to a reasonable interpretation.
Councilmember Martinez noted the College Avenue sidewalk going south from Johnson Avenue
is narrow. He asked if that is related to the scope of this development or if the City will resolve
that issue. Leeson replied the sidewalk along College Avenue was part of the evaluation for the
level of service standards for the pedestrians that would be leaving or going to the site. Standards
are established for five criteria and this project met the level of service standards for both the
Mason and College connections. While the College Avenue sidewalk is not ideal and is not an
“A” in terms of level of service, it did meet the level of service standards as required by Code.
Staff does agree improvements need to be made to the sidewalk, and those improvements will
likely be a capital improvement project in the future.
Councilmember Cunniff stated staff found the project was compliant subject to two conditions of
approval. He asked if the project was compliant prior to adding the conditions. Leeson replied it
is not unusual to have projects at the PDP phase that still need design work and refined details with
the final plan phase.
Councilmember Cunniff asked if the original trash enclosure design would have been compliant
with the Land Use Code. Leeson replied in the affirmative.
Councilmember Cunniff asked about the condition related to the color. Leeson replied staff was
concerned about one of the colors and the applicant made a change which was conveyed to the
Planning and Zoning Board at the hearing. It was determined there was no harm in keeping the
condition of approval despite the applicant making the change.
Councilmember Cunniff stated he believes Council can find that the intent and belief were that the
plan was compliant; however, process improvements are needed in terms of identifying whether
conditions can be used to bring a project into compliance. Leeson noted the review of the project
does not stop after the Planning and Zoning Board approval.
Councilmember Cunniff suggested a future process improvement to make clear the conditions are
either improvements or remands of the project back into the process because of deficiencies in
meeting the Land Use Code. However, in this case, that was not the intent of these conditions.
Councilmember Cunniff stated a fair hearing, compatible with usual and customary practices, was
conducted; however, process improvements may be helpful for increasing transparency. The
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City of Fort Collins Page 187
specific allegations raised by the appellant are not compelling evidence the Land Use Code was
improperly interpreted.
Councilmember Cunniff asked about the use of the location for wildlife. Rebecca Everette, Senior
Environmental Planner, replied the area is not widely used because of the location of the railroad
and embankment. The ecological characterization study found the Sherwood Lateral is used as a
movement corridor by urban-adapted songbirds, small terrestrial wildlife, and aquatic organisms,
but only on a very limited scale because of the embankment, College Avenue, and grated culverts.
Councilmember Cunniff stated, based on that information, he finds the buffer Code has not been
violated.
Councilmember Stephens stated there is some vagueness related to the TOD definitions and it
would be beneficial to further define terms in the future. She stated a pedestrian connection over
the Sherwood Lateral does not necessarily improve the pedestrian connections in the area.
Councilmember Martinez stated there has been no evidence the Land Use Code was improperly
interpreted.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, that the Council
find the Planning and Zoning Board conducted a fair hearing in its consideration of the Johnson
Drive Apartments Project Development Plan PDP170034, and did not consider evidence relevant
to its decision that was substantially false or grossly misleading, and, based on the evidence in the
record and presented at this hearing, the appeal alleging the Planning and Zoning Board did not
conduct a fair hearing is hereby found to be without merit and is denied.
Mayor Pro Tem Horak stated it was apparent Boardmember Hansen made a motion which stated
the project was compliant, not that it came into compliance with the conditions.
Councilmember Summers stated the transcript seemed to show the Boardmembers felt constrained
by the Land Use Code.
The vote on the motion was as follows: Yeas: Horak, Troxell, Stephens, Martinez, Summers,
Cunniff and Overbeck. Nays: none.
THE MOTION CARRIED.
Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to uphold the
decision of the Planning and Zoning Board approving the Johnson Drive Apartments Project
Development Plan PDP170034 because the Board properly interpreted and applied the relevant
provisions of the Land Use Code cited in the appeal notice, and that based on the evidence in the
record and presented at this hearing, the appeal is hereby found to be without merit and is denied.
Mayor Pro Tem Horak stated this project meets Land Use Code standards and the decision is not
about how much over the standards the project went. He stated it would be difficult for a
development to have to comply with something that is not specified, as in the case of the pedestrian
connection.
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City of Fort Collins Page 188
RESULT: PLANNING AND ZONING BOARD DECISION UPHELD [UNANIMOUS]
MOVER: Gerry Horak, District 6
SECONDER: Kristin Stephens, District 4
AYES: Martinez, Stephens, Summers, Overbeck, Troxell, Cunniff, Horak
• OTHER BUSINESS
Councilmember Cunniff requested the City Manager prepare a report on the current or
contemplated pedestrian connectivity plans for the area.
Councilmember Stephens requested a report related to the Economic Health Department’s
assistance for businesses such as Mr. Dwyer’s.
Councilmember Overbeck stated Council will be receiving information from the Race Equity and
Leadership committee with the National League of Cities.
• ADJOURNMENT
The meeting adjourned at 8:55 PM.
______________________________
Mayor
ATTEST:
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City Clerk